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Croatia Under Ante Pavelic: America, the Ustase and Croatian Genocide in World War II (International Library of Twentieth Century History)
by Robert B. McCormickAnte Pavelic was the leader of the fascist party of Croatia (the Ustaše), who, on Adolf Hitler's instruction, became the leader of Croatia after the Nazi invasion of 1941. Paveli? was an extreme Croatian nationalist who believed that the Serbian people were an inferior race - he would preside over a genocide that ultimately killed an estimated 390,000 Serbs during World War II. Croatia under Ante Paveli? provides the full history of this period, with a special focus on the United States' role in the post-war settlement. Drawing on previously unpublished documents, Robert McCormick argues that President Harry S. Truman's Cold War priorities meant that Paveli? was never made to answer for his crimes. Today, the Ustaše remains difficult legacy within Croatian society, partly as a result of Paveli?' political life in exile in South America. This is a new account of US foreign policy towards one of the Second World War's most brutal dictators and is an essential contribution to Croatian war-time history.
Crony Capitalism in India: Establishing Robust Counteractive Institutional Frameworks (Palgrave Studies in Indian Management)
by Naresh Khatri Abhoy K. OjhaCrony Capitalism in India provides a comprehensive and scholarly examination of the important topic of crony capitalism, filling an important gap in the market. Bringing together experts from various backgrounds, it addresses the key underpinnings of this complex and multifarious issue. Given the emergent nature of the Indian economy, this book provides important information for decision makers in both government and business to help establish a robust institutional framework that is so desperately needed both in India and globally.
Cronyism and Elite Capture in Egypt: From Businessmen Cabinet to Military Inc. (Routledge Studies in Middle Eastern Politics)
by Sarah SmierciakExamining business-state networks in Egypt (1991-2020), this book highlights the complicity of international actors in facilitating inequality and elite capture. The interdisciplinary methodology argues that Western actors promoting market liberalization have served as central partners in enabling elites to capture the fruits of Egypt’s economic reforms. In the years leading up to the 2011 Revolution, Egypt’s crony capitalism reached new levels of visibility with the appointment of a "Businessmen Cabinet." The businessmen-turned-state representatives ushered in a wave of "market liberalizing" reforms, expanding avenues for the abuse of power. Providing a detailed look at some of this period’s chief beneficiaries, including a number of Egypt’s wealthiest oligarchs, the volume follows their ascent from former President Hosni Mubarak’s first round of neoliberal reforms in 1991 through his last wave of reforms beginning in 2004 and ending in regime overthrow. The final chapter examines the fate of these elites under the brief rule of Muslim Brotherhood President, Mohammed Morsi, and of Abdel Fattah el Sisi’s current military-backed regime. Based on five years of fieldwork and dozens of interviews with businessmen and state representatives, this book offers a unique look into the politics of policy, and inequality, in Egypt. It will be of interest to scholars reading political economy, international development, and the Middle East studies.
Cronyism and Elite Capture in Egypt: From Businessmen Cabinet to Military Inc. (Routledge Studies in Middle Eastern Politics)
by Sarah SmierciakExamining business-state networks in Egypt (1991-2020), this book highlights the complicity of international actors in facilitating inequality and elite capture. The interdisciplinary methodology argues that Western actors promoting market liberalization have served as central partners in enabling elites to capture the fruits of Egypt’s economic reforms. In the years leading up to the 2011 Revolution, Egypt’s crony capitalism reached new levels of visibility with the appointment of a "Businessmen Cabinet." The businessmen-turned-state representatives ushered in a wave of "market liberalizing" reforms, expanding avenues for the abuse of power. Providing a detailed look at some of this period’s chief beneficiaries, including a number of Egypt’s wealthiest oligarchs, the volume follows their ascent from former President Hosni Mubarak’s first round of neoliberal reforms in 1991 through his last wave of reforms beginning in 2004 and ending in regime overthrow. The final chapter examines the fate of these elites under the brief rule of Muslim Brotherhood President, Mohammed Morsi, and of Abdel Fattah el Sisi’s current military-backed regime. Based on five years of fieldwork and dozens of interviews with businessmen and state representatives, this book offers a unique look into the politics of policy, and inequality, in Egypt. It will be of interest to scholars reading political economy, international development, and the Middle East studies.
Crook County: Racism and Injustice in America's Largest Criminal Court
by Nicole Gonzalez Van CleveWinner of the 2017 Eduardo Bonilla-Silva Outstanding Book Award, sponsored by the Society for the Study of Social Problems. Finalist for the C. Wright Mills Book Award, sponsored by the Society for the Study of Social Problems. Winner of the 2017 Oliver Cromwell Cox Book Award, sponsored by the American Sociological Association's Section on Racial and Ethnic Minorities. Winner of the 2017 Mary Douglas Prize for Best Book, sponsored by the American Sociological Association's Sociology of Culture Section. Honorable Mention in the 2017 Book Award from the American Sociological Association's Section on Race, Class, and Gender. NAACP Image Award Nominee for an Outstanding Literary Work from a debut author. Winner of the 2017 Prose Award for Excellence in Social Sciences and the 2017 Prose Category Award for Law and Legal Studies, sponsored by the Professional and Scholarly Publishing Division, Association of American Publishers. Silver Medal from the Independent Publisher Book Awards (Current Events/Social Issues category). Americans are slowly waking up to the dire effects of racial profiling, police brutality, and mass incarceration, especially in disadvantaged neighborhoods and communities of color. The criminal courts are the crucial gateway between police action on the street and the processing of primarily black and Latino defendants into jails and prisons. And yet the courts, often portrayed as sacred, impartial institutions, have remained shrouded in secrecy, with the majority of Americans kept in the dark about how they function internally. Crook County bursts open the courthouse doors and enters the hallways, courtrooms, judges' chambers, and attorneys' offices to reveal a world of punishment determined by race, not offense. Nicole Gonzalez Van Cleve spent ten years working in and investigating the largest criminal courthouse in the country, Chicago–Cook County, and based on over 1,000 hours of observation, she takes readers inside our so-called halls of justice to witness the types of everyday racial abuses that fester within the courts, often in plain sight. We watch white courtroom professionals classify and deliberate on the fates of mostly black and Latino defendants while racial abuse and due process violations are encouraged and even seen as justified. Judges fall asleep on the bench. Prosecutors hang out like frat boys in the judges' chambers while the fates of defendants hang in the balance. Public defenders make choices about which defendants they will try to "save" and which they will sacrifice. Sheriff's officers cruelly mock and abuse defendants' family members. Delve deeper into Crook County with related media and instructor resources. Crook County's powerful and at times devastating narratives reveal startling truths about a legal culture steeped in racial abuse. Defendants find themselves thrust into a pernicious legal world where courtroom actors live and breathe racism while simultaneously committing themselves to a colorblind ideal. Gonzalez Van Cleve urges all citizens to take a closer look at the way we do justice in America and to hold our arbiters of justice accountable to the highest standards of equality.
Crop Biosecurity: Assuring our Global Food Supply (NATO Science for Peace and Security Series C: Environmental Security)
by Maria Lodovica Gullino Jacqueline Fletcher Abraham Gamliel James Peter StackPrevention and preparedness are the two basic approaches to maximize food security against any sort of tampering, whether natural, inadvertent or intentional. The NATO funded project “Tools for crop biosecurity” was designed to strengthen the cooperation among U.S., Europe and Israel in the field of crop biosecurity and to generate awareness on how the psychological, economic and cultural consequences of crop bioterrorism, especially attacks on soft targets such as crop seeds, could have a disproportionate adverse effect on Mediterranean agriculture and, more generally, on society. This book illustrates the achievements of the project originated from the workshops organized during the project itself taking in consideration main microbiological threads posed to crops, the tools to recognize and to control them, the needs for international cooperation and research funds to create networks which can face emerging risks for agriculture.
Crop Genetic Resources As A Global Commons: Challenges In International Law And Governance (Issues In Agricultural Biodiversity Ser. (PDF))
by Michael Halewood Isabel López Noriega Selim LouafiFarmers have engaged in collective systems of conservation and innovation - improving crops and sharing their reproductive materials - since the earliest plant domestications. Relatively open flows of plant germplasm attended the early spread of agriculture; they continued in the wake of (and were driven by) imperialism, colonization, emigration, trade, development assistance and climate change. As crops have moved around the world, and agricultural innovation and production systems have expanded, so too has the scope and coverage of pools of shared plant genetic resources that support those systems. The range of actors involved in their conservation and use has also increased dramatically. This book addresses how the collective pooling and management of shared plant genetic resources for food and agriculture can be supported through laws regulating access to genetic resources and the sharing of benefits arising from their use. Since the most important recent development in the field has been the creation of the multilateral system of access and benefit-sharing under the International Treaty on Plant Genetic Resources for Food and Agriculture, many of the chapters in this book will focus on the architecture and functioning of that system. The book analyzes tensions that are threatening to undermine the potential of access and benefit-sharing laws to support the collective pooling of plant genetic resources, and identifies opportunities to address those tensions in ways that could increase the scope, utility and sustainability of the global crop commons.
Crop Genetic Resources As A Global Commons: Challenges In International Law And Governance (Issues In Agricultural Biodiversity Ser. (PDF))
by Michael Halewood Isabel López Noriega Selim LouafiFarmers have engaged in collective systems of conservation and innovation - improving crops and sharing their reproductive materials - since the earliest plant domestications. Relatively open flows of plant germplasm attended the early spread of agriculture; they continued in the wake of (and were driven by) imperialism, colonization, emigration, trade, development assistance and climate change. As crops have moved around the world, and agricultural innovation and production systems have expanded, so too has the scope and coverage of pools of shared plant genetic resources that support those systems. The range of actors involved in their conservation and use has also increased dramatically. This book addresses how the collective pooling and management of shared plant genetic resources for food and agriculture can be supported through laws regulating access to genetic resources and the sharing of benefits arising from their use. Since the most important recent development in the field has been the creation of the multilateral system of access and benefit-sharing under the International Treaty on Plant Genetic Resources for Food and Agriculture, many of the chapters in this book will focus on the architecture and functioning of that system. The book analyzes tensions that are threatening to undermine the potential of access and benefit-sharing laws to support the collective pooling of plant genetic resources, and identifies opportunities to address those tensions in ways that could increase the scope, utility and sustainability of the global crop commons.
Crop Sustainability and Intellectual Property Rights
by Soumya Mukherjee Piyali Mukherjee Tariq AftabThis new book merges the concepts of traditional agriculture, crop sustainability, and intellectualproperty rights associated with plant protection and agricultural products. It discusses various strategies associated with crop tolerance to adverse environmental conditions and also highlights the role of agricultural intellectual property rights, along with the implications for plant patents, protection of farmers’ rights, and geographical indication in plant products, to provide a broader outlook toward strategies for sustainable agriculture and global food security associated with IPR. The chapters provide an overview of sustainable crop cultivation in traditional agriculture as well as with new biotechnological approaches. The volume explores several stress resilience strategies and issues for crops, considering how to mitigate the effect of increased carbon dioxide concentration, heavy metal pollution, over-salinized soils, and cold spells. It also discusses how to make desert farming more efficient; how to increase abiotic stress tolerance of crops with grafting, seed soaking/priming, soil amendment, and more. The chapters on agricultural intellectual property rights address IPR in conjunction with food security, the rights of farmers, legal applications and protection of plant patents, protection of traditional knowledge, international legal issues, and plant variety protection rights in agriculture and more.
Crop Sustainability and Intellectual Property Rights
by Soumya Mukherjee Piyali Mukherjee Tariq AftabThis new book merges the concepts of traditional agriculture, crop sustainability, and intellectualproperty rights associated with plant protection and agricultural products. It discusses various strategies associated with crop tolerance to adverse environmental conditions and also highlights the role of agricultural intellectual property rights, along with the implications for plant patents, protection of farmers’ rights, and geographical indication in plant products, to provide a broader outlook toward strategies for sustainable agriculture and global food security associated with IPR. The chapters provide an overview of sustainable crop cultivation in traditional agriculture as well as with new biotechnological approaches. The volume explores several stress resilience strategies and issues for crops, considering how to mitigate the effect of increased carbon dioxide concentration, heavy metal pollution, over-salinized soils, and cold spells. It also discusses how to make desert farming more efficient; how to increase abiotic stress tolerance of crops with grafting, seed soaking/priming, soil amendment, and more. The chapters on agricultural intellectual property rights address IPR in conjunction with food security, the rights of farmers, legal applications and protection of plant patents, protection of traditional knowledge, international legal issues, and plant variety protection rights in agriculture and more.
The Cross: An Eddie Flynn Novella
by Steve CavanaghAn exclusive race against time ebook short thriller.**Contains an extract from Steve Cavanagh's brilliant debut novel, THE DEFENCE** Eddie Flynn, con-man turned criminal lawyer, has an impossible choice.He has damning evidence against a corrupt NYPD detective who stands accused of killing a suspect.But if he uses this evidence in court, both he and his client - the dead man's widow - will be in mortal danger.Should he risk their lives to win the case? Or keep quiet and let a murderer go free.'Everything a great thriller should be and I can't wait to see more of Eddie Flynn.' Mark Billingham'Jack Reacher's younger, hotter-headed brother.' Irish Times
Cross: An Alex Cross Story (Alex Cross #12)
by James PattersonAlex Cross was a rising star in Washington, DC, Police Department when an unknown shooter killed his wife, Maria, in front of him. Years later, having left the FBI and returned to practising psychology in Washington, DC, Alex finally feels his life is in order... Until his former partner, John Sampson, calls in a favour. John's tracking a serial rapist in Georgetown and he needs Alex to help find this brutal predator. When the case triggers a connection to Maria's death, could Alex have a chance to catch his wife's murderer? Will this be justice at long last? Or the endgame in his own deadly obsession?
Cross-Border Copyright Licensing: Law and Practice (Elgar Intellectual Property Law and Practice series)
by Carlo S. Lavizzari René ViljoenIn today’s legal environment, copyright licensing requires an international perspective. Licensors in both emerging and developed markets must have a detailed understanding of cross-border practices. Cross-Border Copyright Licensing provides a select guide to copyright licensing practices in a number of jurisdictions, addressing key cross-border considerations. Key features include: • chapter by chapter analysis of licensing legislation in the most frequently encountered jurisdictions including: China, the EU, India, Mexico, Russia, Singapore, South Africa and the USA • discussion of the inter-relation between copyright licensing and competition law • clear delineation of the most relevant and critical legal issues relating to licensing practice across the named jurisdictions allowing for ease of reference • contributions from expert practitioners with invaluable first hand knowledge of international licensing practices. This book will prove a valuable resource for lawyers who are implementing or enforcing a copyright licensing scheme, acting as a first point of reference on cross-border issues. Scholars of Intellectual Property will also find the text to be a useful guide on international regulations and practices.
Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective
by Yihan DaiThis book focuses on the PRC’s cross-border data transfer legislation in recent years, as well as the implications for international trade law. The book addresses the convergence of industries and technologies notably caused by digitization; the issue of conflicts between goods and services; and the General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS) as well as the difficulty of classifying service sectors under WTO members’ commitments. The book also examines the FTAs that entered into force after 2012 that regulate digital trade beyond the venue of the WTO and analyzes their rules of relevance for cross-border data flows and international trade. It asks whether and how these FTAs have deliberately reacted to the increasing importance of data flows as well as to the trouble of governing them in the context of global governance
Cross-border Electronic Banking: Challenges and Opportunities
by Chris Reed Ian WaldenCross-border Electronic Banking addresses everything from the changes made to payment clearing since the deregulation of cross-border flows of funds, to the development of capital adequacy ratios and the Euro. This insightful and revealing book, backed up by extensive practical experience, will alert you to the ways that electronic banking practices affect even the simplest daily transactions, and will unveil the legal technicalities imposed by these developments.
Cross-border Electronic Banking: Challenges and Opportunities
by Chris Reed Ian Walden Laura EdgarCross-border Electronic Banking addresses everything from the changes made to payment clearing since the deregulation of cross-border flows of funds, to the development of capital adequacy ratios and the Euro. This insightful and revealing book, backed up by extensive practical experience, will alert you to the ways that electronic banking practices affect even the simplest daily transactions, and will unveil the legal technicalities imposed by these developments.
Cross-Border Enforcement of Debts in the European Union, Default Judgments, Summary Judgments and Orders for Payment: Default Judgments, Summary Judgments and Orders for Payment
by Carla CrifòTo be enforceable, a foreign judgement needs some kind of ‘passport’ so that it can be given the same treatment as a judgement given at home. This is particularly true of monetary obligations. In Europe, the tension between the need for cross-border portability of such obligations and their enforcement, on the one hand, and sovereign states’ judicial control over enforcement of domestic and foreign judgements, on the other, has been addressed repeatedly by the European Court of Justice and the Commission and Council of the European Communities, most recently through the notion of ‘mutual trust.’ However, despite concerted efforts to establish some harmonization in this area, substantial divergences persist between the Member States’ procedural systems as regards the definition of an enforcement order, the procedures for enforcing judgements and, above all, the status, powers and responsibilities of enforcement officials. This major new exploration of the current status of cross-border enforcement of debts in Europe offers in-depth analysis of the most recent relevant regulation at the European Union level, as well as the default domestic regulation in England and Wales, Germany, France, Italy and Spain- five jurisdictions chosen due to the very thick web of relations they have had with each other as part of the established European order. The author provides detailed consideration of such elements of the legal landscape as the following: minimum standards for uncontested claims procedures; requirements as to service and information to be provided; extended safeguards of the creditor’s position and the rights of the defence; procedure for certification and for enforcement in the Member States of origin and of execution; and application, service and enforcement of a European Order for Payment. In the context of the intense academic and practical debate around what is being called ‘European civil procedure,’ this book contributes signally to the Commission’s stated objective of ensuring ‘as globally as possible a swift, efficient and inexpensive access to justice.’ The author details the procedural measures prescribed by the relevant directives (and their case law so far), and incidentally provides a convenient conduit to the appropriate material on the websites of the European Judicial Network and the Judicial Atlas in each jurisdiction. As lawyers continue, in the absence of ‘mutual trust’, to apply their own historic and philosophical meaning to the ‘harmonized’ procedures – no matter how much this approach is discouraged in the preambles to the regulations and directives – this book greatly illuminates the way forward in a difficult but extremely important area of European law.
Cross-Border Entry in European Retail Financial Services: Determinants, Regulation and the Impact on Competition
by Tobias C HoschkaProviding a comprehensive assessment of the strategies of banks and insurance companies in the move towards an internal European market for financial services, this book analyzes the latest theoretical and institutional developments. It also provides a range of case studies of actual cross-border entry strategies of some of the largest European financial institutions.
Cross-Border EU Competition Law Actions (Hart Studies in Competition Law)
by Mihail Danov Florian Becker Paul BeaumontThis book, written within the framework of a research project funded by the European Commission Civil Justice Programme, identifies the ways in which cross-border EU competition law actions can best be handled in Europe. Employing traditional library-based legal research methods as well as qualitative interviews with legal practitioners in Germany and England (countries sharing different legal traditions) and policy-makers in Brussels, the book considers how private EU competition law actions are functioning at the moment and how they could and should be developed. The study proposes solutions for some of the most pressing practical problems, and includes chapters by the following academics, legal practitioners and judges: Judge I Pelikánová (General Court of the EU); J Lawrence and A Morfey (Freshfields); P Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle, Germany); P Bos and J Möhlmann (BarentsKrans, the Netherlands); P Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli (Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin, Brussels); F Becker and J Kammin (Kiel University, Germany); and M Danov (Brunel University).
Cross-Border EU Competition Law Actions (Hart Studies in Competition Law)
by Mihail Danov Florian Becker Paul BeaumontThis book, written within the framework of a research project funded by the European Commission Civil Justice Programme, identifies the ways in which cross-border EU competition law actions can best be handled in Europe. Employing traditional library-based legal research methods as well as qualitative interviews with legal practitioners in Germany and England (countries sharing different legal traditions) and policy-makers in Brussels, the book considers how private EU competition law actions are functioning at the moment and how they could and should be developed. The study proposes solutions for some of the most pressing practical problems, and includes chapters by the following academics, legal practitioners and judges: Judge I Pelikánová (General Court of the EU); J Lawrence and A Morfey (Freshfields); P Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle, Germany); P Bos and J Möhlmann (BarentsKrans, the Netherlands); P Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli (Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin, Brussels); F Becker and J Kammin (Kiel University, Germany); and M Danov (Brunel University).
Cross-border EU Employment and its Enforcement: An Analysis of the Labour and Social Security Law Aspects and a Quest for Solutions
by Yves JorensThis book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter? The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view. As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction – social dumping being the prime example – special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also includes prevention and monitoring issues. The unique strength of this book is that it brings together all legal-technical aspects of cross-border employment and its enforcement in both labour law and social security law in a single volume. Readers will find a wealth of detailed and specialised information, helping them to understand the topic in depth. Accordingly, the book will be of interest to academics, practitioners, enforcement bodies, judiciary policymakers, advanced law students, and researchers seeking to understand the law in context.
Cross-border Governance and Sustainable Spatial Development: Mind the Gaps! (Central and Eastern European Development Studies (CEEDES))
by Markus Leibenath Ewa Korcelli-Olejniczak Robert KnippschildBorder regions in Central Europe undergo tremendous changes due to the enlargement of the European Union and the related processes of Europeanization, bordering and re-bordering. The book explores the consequences of these processes for cross-border governance and spatial planning in Central Europe. It combines analyses of European and national framework conditions with case studies from border regions and cities in 8 countries. The focus is on generic questions of cross-border planning and cooperation as well as on selected sectors such as nature conservation, transport and economic development. The book is written for the international scientific community and for practitioners in the fields of spatial planning, cross-border cooperation, environmental protection and structural policy.
Cross-Border Insolvency: The Enactment and Interpretation of the UNCITRAL Model Law
by Neil HannanThis book examines the effect of the adoption of the United Nations Committee on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency in five common law jurisdictions, namely Australia, Canada, New Zealand, the United Kingdom, and the United States of America. It examines how each of those states has adopted, interpreted and applied the provisions of the Model Law, and highlights the effects of inconsistencies by examining jurisprudence in each of these countries, specifically how the Model Law affects existing principles of recognition of insolvency proceedings.The book examines how the UNCITRAL Guide to enactment of the Model Law has affected the interpretation of each of its articles and, in turn, the courts’ ability to interpret and hence give effect to the purposes of the Model Law. It also considers the ability of courts to refer to amendments made to the Guide after enactment of the Model Law in a state, thereby questioning whether the current inconsistencies in interpretation can be overcome by UNCITRAL amending the Guide.
Cross-Border Insolvency
by Richard Sheldon Qc Mark Arnold Qc Jeremy Goldring Qc Tom Smith Qc John Briggs Lloyd Tamlyn Richard Fisher Adam Al-AttarCross-Border Insolvency, fourth edition provides a comprehensive and up to date consideration of the topic of cross-border insolvency. Written in a clear and accessible manner it guides the user seamlessly through this complex area of law.The coverage of the book is divided into two parts. The first part describes the key cross-border insolvency regimes including the EC Insolvency Regulation, the UNCITRAL Model Law on Cross-Border Insolvency, section 426 of the Insolvency Act 1986, and the common law. The second part focuses on specific issues in more detail, such as the court's insolvency jurisdiction, ancillary winding-up, enforcement of foreign insolvency judgments, foreign discharge of debts and insolvency set-off. The fourth edition gives full analysis of the fundamental changes to cross border insolvency law and practice in England including:The impact of the Supreme Court decision in Rubin v Eurofinance;The revised UK Insolvency Rules;Proposals for revision of the EC Insolvency Regulation;Scope of section 426 – HSBC v Tambrook Jersey;Developments in offshore jurisdictions: Primeo Fund and Saad Investments (Cayman), Re C (BVI);Kelmsley v Barclays Bank PLC.Previous print edition ISBN: 9781845921040
Cross-Border Insolvency Law
by Bob Wessels Gert-Jan BoonRecent insolvency cases highlight the growing importance of cross-border insolvency matters in international transactions. In order to obtain relevant information essential for conduct in such transactions, an insolvency lawyer needs to have access to the many relevant instruments that have been introduced and implemented in recent years, but that until now have not been available in any single place. This very useful volume collects, for the second time in one source, all important international and regional legal instruments relating to insolvency of companies and consumers, as well as to corporate rescue law. The book includes international and regional conventions, model laws, EU regulations and directives, and guiding principles produced by various international bodies (such as the World Bank, the United Nations Committee on International Trade Law ('UNCITRAL'), the American Law Institute, INSOL International, and INSOL Europe), and international and European restatements of insolvency law by scholars. In addition to reproducing the complete texts of these instruments, the editors provide insightful commentary covering such important matters as the following: • key issues of each text; • expected amendments and revisions; and • comparative analysis of instruments. A unique resource bringing together core material in the field of cross-border insolvency law and legislation, this book will be welcomed by international insolvency practitioners worldwide.